503 Employee Health and Safety
The University seeks to maintain a work environment in which physical and environmental conditions are such that work-related accidents or illnesses are minimized. To help maintain a safe environment as well as to evaluate and manage those health and safety problems that arise, the University maintains an Office of Environmental Health and Safety which works with the Department of Employee Health of the University Health Services. An employee with a specific concern about a possible health or safety problem should discuss this concern with an immediate supervisor or his or her department business officer. Problems not satisfactorily resolved in this manner should then be referred to the Department of Employee Health or to the Office of Environmental Health and Safety.
503.1 Employee Fitness-For-Work Evaluations
The nature of certain work activities is such that the University may require employees engaged in those activities to submit periodically to immunization procedures and to health evaluations prescribed by the Department of Employee Health in conjunction with the Office of Environmental Health and Safety. As part of these evaluations, X-rays, blood samples, and other tests may be required.
Normally, procedures involving immunization and health evaluation are required only of individuals who work with food, animals, near sources of radiation, or in laboratories, clinics, and other areas of particular concern to health and safety. These procedures are intended to aid in protecting the health and well-being of the individuals and their co-workers. The procedures are designed to complement safe working practices.
Employees who refuse to submit to a prescribed procedure, or whose health evaluation results are not satisfactory in the judgment of the Department of Employee Health, may be required to stop work that may be endangering their own health, the health of other employees, or the proper functioning of the workplace. In such cases a reasonable period of time will be allowed for the individual to seek other employment or to transfer to another position in the University.
The Department of Employee Health will report its findings and recommendations regarding fitness to work to employing departments. Detailed medical information will be kept only in the Employee Health department files and will not be divulged except that (1) supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations, (2) first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment, and (3) government officials investigating compliance with the Americans with Disabilities Act shall be provided relevant information on request.
Any person who has submitted to any procedure required by the Department of Employee Health in connection with his or her employment will, upon his or her request, be informed of the results of the procedure. On the written request of the individual , the Department of Employee Health will release the results of a procedure to the individual's personal physician.
The University cannot and does not, as part of its work safety and occupational safety programs, attempt to make a comprehensive evaluation of any person's health or physical condition. An assessment by the Department of Employee Health that an individual is fit to work at his or her job carries with it no assessment of that individual's complete health status.
Xref: OPM 713
503.2a Emergency Treatment
An employee who is injured or becomes ill in the course of and as a result of his or her job duties should be sent for treatment to the Department of Employee Health at University Health Services.
503.2b Reports of Work-Related Injuries/Illnesses
It is required by the University that all injuries and work-related illnesses, no matter how slight, be reported, in writing, by the immediate supervisor within 24 hours of the incident to the Department of Employee Health at the University Health Services.
503.3 Smoking
Smoking is prohibited in all University buildings where 5 or more employees work, except in areas that are specifically posted as smoking areas. Smoking areas must meet the following criteria: (l) they are fully enclosed spaces with closeable doors and adequate ventilation; and (2) non-smokers will not be expected to spend a significant amount of work time in the room. Buildings where this prohibition applies should be so posted at all outside entrances and in the designated smoking areas.
In buildings where there may be fewer than 5 employees, a department head or administrator may establish smoking or non-smoking areas that are appropriate to their facilities and the comfort of their employees and are consistent with health and safety regulations of the University. Employees who wish certain areas be designated "no smoking" should discuss the matter with their supervisors. Employees who smoke are requested to be considerate of the expressed preferences of their co-workers regarding smoking in the workplace and must observe the designation by schools and departments of non-smoking areas and the posted limitations on smoking in general access and clinical areas. If there is dispute between smokers and non-smokers concerning when and where a University employee may smoke, the smoker should respect the expressed wishes and needs of the non-smoker.
Revised 2/2009
503.4 Alcohol and Drugs
Alcohol
The unauthorized possession or misuse of controlled substances and alcoholic beverages, and the consumption, possession, or provision of such substances in violation of federal or state laws or University rules is prohibited.
Employees violating this policy may be subject to disciplinary action.
Drug-Free Schools and Communities Act
The Drug-Free Schools and Communities Act Amendments of 1989 require an institution of higher education, as a condition of receiving any financial assistance under any federal program, to certify that it has adopted and implemented a program to prevent the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees. Information about the Drug-Free Schools and Communities Act Amendments is distributed to employees annually.
Yale's Policy on a Drug-Free Workplace
In accordance with federal law, the University has adopted a drug-free workplace policy. All employees are required to abide by the terms of this policy statement as a condition of employment.
The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance at the workplace is prohibited. Any employee determined to have violated this prohibition may be subject to disciplinary action up to and including discharge from employment.
The University recognizes that drug abuse in the workplace poses potential health, safety, and security problems and has implemented a drug-free awareness program to inform employees of the problems of drug abuse and the availability of counseling and other assistance.
An employee engaged in the performance of work under a federal grant or contract who is convicted of a violation of a criminal drug statute occurring in the workplace must notify the University of the conviction within five days of such conviction. Non-faculty employees must notify their supervisor of any such conviction. The supervisor will notify the appropriate Office of Grant and Contract Administration and the Department of Human Resources. Faculty members must notify their Dean of any such conviction. The Dean will notify the appropriate Office of Grant and Contract Administration and the Office of the Provost.
Within ten days of receipt of notice of a conviction for violation of a criminal drug statute occurring in the workplace, the University is required to notify the contracting agency of the conviction. The University will within 30 days of notice of such a conviction take or initiate appropriate disciplinary action with respect to any employee who is so convicted (up to or including discharge from employment) or will require satisfactory participation in the University's Assistance Program or another drug abuse assistance or rehabilitation program.
Drug-Free Awareness Program of Yale University
The University has established a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace and the availability of counseling and rehabilitation programs. The program has been developed by University Health Services and the Department of Human Resources.
New employees of Yale University will be informed of the dangers of the use of drugs by way of inclusion of pertinent information and literature at the time of their initial orientation. Continuing employees will be informed of the hazards by way of brochures mailed directly to their offices. In addition, health education posters will be placed at appropriate locations in the University. The Employee Health Series, open to all University staff members, will be expanded to include relevant topics regarding the dangers of using drugs. Individual counseling and referrals can be provided through the Department of Employee Health at University Health Services and the University Assistance Program for staff and faculty.
Questions concerning this policy may be addressed to the Office of the General Counsel.
503.5 Campus Safety and Security
The University offers a comprehensive crime prevention program which stresses security awareness and educates the campus community through presentations, videos, and an array of written materials, including posters and a handbook entitled Security at Yale. This booklet is available at new employee orientation sessions and may be picked up at Human Resources offices and at the University Police office.
In accordance with both federal and state law, the University maintains information concerning current security policies and procedures and prepares an annual crime report concerning crimes committed within the geographical limits of the University. Upon request to the Office of the Secretary, Yale University, Box 1303A Yale Station, New Haven, Connecticut 06520 (203) 432-2310, the University will provide such information to any new employee.
Questions concerning this policy may be addressed to the Office of the General Counsel.
503.6 Possession of Dangerous Weapons
Irrespective of any license granted by other authority, Yale employees, whether working or not, are not permitted to carry firearms or other weapons when they are on Yale premises. University Police Officers are specifically exempted from this prohibition.
503.7 Sexual Harassment
Sexual harassment is an affront to human dignity and fundamentally at odds with the values of the University. Because Yale is committed to maintaining a community for study and work that is free from sexual harassment, the University will not tolerate any member of that community sexually harassing another. Toward that end, the University provides training and education about sexual harassment to supervisory employees through the Office for Equal Opportunity Programs and the Department of Human Resources. For more information, please read "Sexual Harassment: Yale University's Guide for Faculty, Students and Staff."
Sexual harassment is unlawful under Title VII of the Civil Rights Act of 1964, as amended, Title IX of the Education Amendments of 1972, and under state law. The Yale University Statement on Sexual Harassment and the Equal Employment Opportunity Commission "Guidelines on Discrimination Because of Sex" provide that unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
- submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment
- submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting that person
- such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment
Prompt action will be taken to address any violation of this policy. Staff with specific complaints of sexual harassment should contact a supervisor or the University's Director of the Office for Equal Opportunity Programs. General concerns or questions may also be directed to that office.
503.8 Yale University Assistance Program
At times, a personal problem may be severe enough that it carries over into the work environment and affects job performance. It is then in the best interest of both the employee and the employer that the individual receive help in dealing with this problem.
Yale University has established an assistance program for staff and faculty so that they may seek professional help should such personal problems develop. The Yale University Assistance Program offers consultation, evaluation and, when appropriate, referral to other professional resources. The employee may contact the Program in private and use the Program with the assurance that strict confidentiality will be respected at all times. The Program is provided through an outside agency and the University has no access to information about an employee's participation except in specific situations where the University's drug-free workplace policy requires or the employee gives permission for his or her supervisor to be notified of participation. Those situations would, in most cases, be related to job performance problems.
Supervisors should be aware of the Yale University Assistance Program, the scope of its services, and the way in which it can be used by both employee and supervisor. If an employee's declining job performance, stress or counter-productive behavior suggests a personal problem, the supervisor may advise the employee of the availability of the Program. In all cases, however, the decision to use the Program is the employee's alone. Whether or not the employee uses the Program, his or her job performance will continue to be monitored by a supervisor and decisions about discipline or other appropriate measures will be based on that performance.
The Yale University Assistance Program is available to all faculty and staff who are eligible for coverage under any of the University health plans, their spouses, and any of their dependent children who are also eligible for coverage under a University health plan.
The Yale University Assistance Program is coordinated and administered through the University's Department of Human Resources.
503.9 Reasonable Accommodations
The University is committed to developing and maintaining an environment which is supportive of employees with disabilities. Employees who require reasonable accommodations in connection with their jobs should discuss their needs with their supervisors. In addition, the University has an Office for Equal Opportunity Programs which facilitates individual accommodations for students and employees with disabilities, assists in providing access to University programs and activities, disseminates information on available services, and provides assistance with the use of these services.
